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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3798914 (BAK 0153701) ADJ892347 (BAK 0153699) ADJ4538903 (BAK 0153700)
Regular
Jan 13, 2014

SILVIA RAMOS vs. DREYER'S GRAND ICE CREAM HOLDINGS, SEDGWICK CLAIMS MANAGEMENT

The Appeals Board granted the defendant's petition for removal and dismissed the applicant's petition to reopen. The applicant's petition was filed before any award of permanent disability was made, and therefore, it did not meet the criteria for "new and further disability" under Labor Code Section 5410. The Board emphasized that the applicant's injuries were not a progressive disease, so the employer could not reserve jurisdiction for future permanent disability evaluation.

Petition for RemovalLabor Code 5410Labor Code 5803Petition to ReopenNew and Further DisabilityContinuing JurisdictionAward of CompensationProgressive Disease ExceptionAgreed Medical EvaluatorPermanent Disability
References
4
Case No. SBR 0301526, SBR 0318096
Regular
Dec 10, 2007

KAREN MARCIL vs. COUNTY OF SAN BERNARDINO

The Board granted reconsideration in SBR 0301526 concerning "new and further" temporary disability for a foot injury, remanding it for further proceedings to determine compensability under Labor Code § 5410. However, the Board denied reconsideration in SBR 0318096, upholding the finding of a psyche injury and the use of the 1997 Schedule for permanent disability rating. The employer's arguments regarding jurisdiction and the rating schedule were rejected.

new and further temporary disabilityLabor Code § 5410petition to reopen1997 Schedule2005 Schedulepsyche injuryorthopedic injuriesstipulated awardagreed medical evaluatorliberal construction
References
1
Case No. ADJ4322447 (LAO 0855360)
Regular
Aug 15, 2013

LEOPOLDO BENAVIDEZ vs. ANTONIO SANCHEZ, ALLSTATE, administered by SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board rescinded a prior award finding new and further disability for the applicant. The Board determined that the applicant's worsened spinal condition, as evidenced by an EMG study, predated the initial stipulated award. Therefore, it was not "new and further" disability as required to reopen the case under Labor Code section 5410. The Board also found no other "good cause" to reopen, as the applicant could have discovered and presented the EMG evidence before the original award.

Workers' Compensation Appeals BoardReconsiderationStipulated AwardNew and Further DisabilityPermanent Disability IndemnityLife PensionAgreed Medical Evaluator (AME)Lumbar Compression FracturePermanent DisabilityElectrodiagnostic Report (EMG)
References
9
Case No. ADJ7575561
Regular
Apr 28, 2016

HECTOR GONZALEZ vs. CARDINAL GLASS CO., SENTRY INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought temporary disability benefits for a period from December 2010 to July 2012. The Board found that the applicant failed to demonstrate "new and further" temporary disability as required by Labor Code section 5410. This was based on the report of Dr. Davies, whose subsequent opinion contradicted her earlier finding of no temporary disability, without providing a sufficient explanation for the change.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportNew and Further Temporary DisabilityLabor Code Section 5410Joint Findings Award and OrderPetition to ReopenTemporary Total DisabilityIndustrial BasisDr. Davies Report
References
0
Case No. ANA 0398839, ANA 0398840, ANA 0399440, ANA 0399441
Regular
Jan 07, 2008

Catalina Castellon vs. Harte Hanks, Inc., Ace USA, Adjusted by ESIS

The Workers' Compensation Appeals Board granted reconsideration, reversing the finding that the applicant's October 6, 2004 injury claim was time-barred. The Board held that Labor Code section 5410 permits claims for new and further disability within five years of the injury, provided the employer voluntarily furnished medical treatment, which was established here. The case is remanded to the trial level to consider the applicant's claim for new and further disability related to the elbow injury.

WCABCatalina CastellonHarte HanksACE USAESISANA 0398839ANA 0398840Opinion and Orders Granting ReconsiderationDecision After ReconsiderationLabor Code Section 5405
References
2
Case No. EUR 0038452
Regular
Jun 27, 2008

IRENE L. HOPKINS vs. HOSPITAL CORPORATION OF AMERICA dba EUREKA GENERAL HOSPITAL, CONTINENTAL CASUALTY INSURANCE COMPANY aka CNA INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's Hepatitis C claim was not time-barred. The Board determined that the applicant knew or should have known her Hepatitis C was work-related by September 1993, based on medical records and her own testimony, establishing the date of injury. Consequently, the Board ruled her claim, filed in 2004, was barred by the five-year statute of limitations (Labor Code § 5410) as it was filed well after the 1998 deadline.

Hepatitis CNurseNeedle stick injuryDate of injuryStatute of LimitationsLabor Code Section 5412Labor Code Section 5410Medical treatmentDisabilityKnowledge of causation
References
4
Case No. ADJ3138312 (WCK 0059967)
Regular
Jul 05, 2011

GREGORY McBEE vs. AMERICAN DESIGN ROOFING, CIGA, LEGION INSURANCE COMPANY

The Appeals Board rescinded a prior award of temporary disability benefits because the applicant's period of temporary disability commenced more than five years after his date of injury. The Board found that Labor Code section 5410, which allows for claims of new and further disability within five years of injury, did not apply here. Jurisdiction to award temporary disability beyond five years is limited to continuous disability that began within that timeframe, which was not established. The case was returned for further proceedings on the issue of permanent disability.

Petition to reopennew and further disabilitytemporary disability indemnityjurisdictionfive-year limitationdate of injurystipulated awardAgreed Medical Evaluatorwrit deniedsubstantial medical evidence
References
4
Case No. ADJ1882653 (VNO 0549022)
Regular
Jan 28, 2011

CESAR LOPEZ, SR. vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award finding industrial injury. The Board determined that while the defendant initially provided some medical treatment, thus triggering the five-year statute of limitations under Labor Code section 5410, this period was tolled. Once the defendant issued a denial notice on February 24, 2006, the one-year statute of limitations commenced, and the applicant's subsequent claim, filed more than one year after the denial, was consequently barred.

Workers' Compensation Appeals BoardStatute of LimitationsLabor Code Section 5410Labor Code Section 5405Industrial InjuryPetition for ReconsiderationFindings and AwardRescindedTollingDenial Letter
References
7
Case No. ADJ2527863 (SRO 0119111) ADJ465592 (SRO 0131576)
Regular
Nov 23, 2010

LANI BROCKMAN vs. UKIAH VALLEY MEDICAL CENTER, ADVENTIST HEALTH

The Workers' Compensation Appeals Board (WCAB) rescinded an award of additional temporary disability indemnity. The WCAB determined it lacked jurisdiction to grant this award more than five years after the applicant's industrial injury, as per Labor Code section 5410. This was because a prior award of temporary disability had been terminated, and the applicant did not petition to reopen within the statutory five-year period. The case was returned to the trial level to address remaining issues, including the causation of the applicant's deep vein thrombosis.

WCABLani BrockmanUkiah Valley Medical CenterAdventist HealthADJ2527863ADJ465592Temporary Disability IndemnityDeep Vein ThrombosisCausationStatute of Limitations
References
7
Case No. ADJ4637128 (GOL 0093729)
Regular
Jun 03, 2016

Vincent Ward vs. Morley Construction, National Union Fire Insurance Company

In this workers' compensation case, the defendant sought reconsideration of a prior award granting temporary disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and ruled that the applicant was barred from claiming new and further temporary disability. This decision was based on Labor Code section 5410, which limits claims for "new and further" disability to five years from the date of injury. The Board clarified that a new award of temporary disability, especially after a prior award was terminated, constitutes a "further" award subject to this five-year limitation.

Workers' Compensation Appeals BoardMorley ConstructionNational Union Fire Insurance CompanyTemporary Disability IndemnityLabor Code section 5410New and Further DisabilityReconsiderationFindings of Fact and AwardDate of InjuryStipulated Award
References
8
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